(1) Notwithstanding any other provision of ORS § 238A.300 to 238A.415, an eligible employee who leaves a qualifying position for the purpose of performing service in the uniformed services, and who subsequently returns to employment with a participating public employer with reemployment rights under federal law, is entitled to credit toward the probationary period required by ORS § 238A.300, credit toward the vesting requirements of ORS § 238A.320 and contributions under rules adopted by the Public Employees Retirement Board pursuant to subsection (2) of this section.

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(2) The board shall adopt rules establishing contributions and service credit for any period of service in the uniformed services by an employee described in subsection (1) of this section. For the purpose of adopting rules under this subsection, the board shall consider and take into account all federal law relating to benefits and service credit for any period of service in the uniformed services, including 26 U.S.C. § 414(u), as in effect on December 31, 2022. Contributions and service credit under rules adopted by the board pursuant to this subsection may not exceed contributions and service credit required under federal law for periods of service in the uniformed services. [2003 c.733 § 43; 2009 c.5 § 9; 2009 c.909 § 9; 2010 c.82 § 9; 2011 c.7 § 9; 2012 c.31 § 9; 2013 c.377 § 9; 2014 c.52 § 9; 2015 c.442 § 9; 2016 c.33 § 10; 2017 c.527 § 10; 2018 c.101 § 10; 2019 c.319 § 10; 2021 c.456 § 11; 2022 c.83 § 11; 2023 c.171 § 11]

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